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Saturday, November 19, 2011

Exclusion of Patron by a Casino II

Previously within
"Exclusion of Patrons by a Casino," part one, I introduced you to the
body of case law that say no casino exclusion shall violate State and Federal
civil rights laws.In following what I have
learned on the citation of authorities of law one should cite them from the
highest to the lowest court or jurisdiction.Hence in part one I gave you the United States Constitutional Article,
The State of New Jersey Constitutional Article and then the primary New Jersey
Statute we will be discussing in relation to exclusions of patrons from a
casino.

Please note that the
posting headed "Insurance Open-Insurance Closed" cites N.J.S.A.
5:12-63 Duties of the Commission and contrasts the changes made by the
amendment of 2011. I made that posting to bring to your attention, the fact
that before the economy took a downward turn, the Casino Control Commission was
present on all the casino floors in Atlantic City as mandated by N.J.S.A.
5:12-63 (f). With the afore reference made I will now continue with the law a
N.J. casino should not violate upon evicting a patron.

N.J.Stat. 5:12-71 Regulation requiring exclusion of
certain persons

a) The division shall, by regulation, provide
for the establishment of a

list
of persons who are to be excluded or ejected from any licensed casino

of
persons who shall be excluded pursuant to this section, including cheats

and
persons whose privileges for licensure or registration have been revoked.

b) Race, color, creed, national origin or
ancestry, or sex shall not be a

reason
for placing the name of any person upon such list.

c) The division may impose sanctions upon a
licensed casino or

individual
licensee or registrant in accordance with the provisions of this act

if
such casino or individual licensee or registrant knowingly fails to exclude

or
eject from the premises of any licensed casino any person placed by the

division
on the list of persons to be excluded or ejected.

d) Any list compiled by the division of persons
to be excluded or

ejected
shall not be deemed an all-inclusive list, and licensed casino

establishments
shall have a duty to keep from their premises persons known

to
them to be within the classifications declared in paragraphs (1) and (2) of

subsection
a. of this section and the regulations promulgated thereunder, or

known
to them to be persons whose presence in a licensed casino hotel

would
be inimical to the interest of the State of New Jersey or of licensed

gaming
therein, or both, as defined in standards established by the division.

e) Prior to placing the name of any person on a
list pursuant to this

section,
the division shall serve notice of such fact to such person by

personal
service, by certified mail at the last known address of such person,

or
by publication daily for one week in a newspaper of general circulation in

Atlantic
City.

f) Within 30 days after service of the petition
in accordance with

subsection
e. of this section, the person named for exclusion or ejection may

demand
a hearing before the director or the director’s designee, at which

hearing
the director or the director’s designee shall have the affirmative

obligation
to demonstrate by a preponderance of the evidence that the

person
named for exclusion or ejection satisfies the criteria for exclusion

established
by this section and the applicable regulations.Failure to

demand
such a hearing within 30 days after service shall be deemed an

admission
of all matters and facts alleged in the director’s petition and shall

preclude
a person from having an administrative hearing, but shall in no

way
affect his or her right to judicial review as provided herein.

g) The division may make a preliminary
placement on the list of a

person
named in a petition for exclusion or ejection pending completion of a

hearing
on the petition.The hearing on the
application for preliminary

placement
shall be a limited proceeding at which the division shall have the

affirmative
obligation to demonstrate that there is a reasonable possibility

that
the person satisfies the criteria for exclusion established by this section

and
the applicable regulations.If a person
has been placed on the list as a

result
of an application for preliminary placement, unless otherwise agreed

by
the director and the named person, a hearing on the petition for

exclusion
or ejection shall be initiated within 30 days after the receipt of a

demand
for such hearing or the date of preliminary placement on the list,

whichever
is later.

h) If, upon completion of the hearing on the
petition for exclusion or

ejection,
the director determines that the person named therein does not

satisfy
the criteria for exclusion established by this section and the

applicable
regulations, the director shall issue an order denying the petition.

If
the person named in the petition for exclusion or ejection had been placed

on
the list as a result of an application for preliminary placement, the

director
shall notify all casino licensees of the person’s removal from the list.

i) If, upon completion of a hearing on the
petition for exclusion or

ejection,
the director determines that placement of the name of the person

on
the exclusion list is appropriate, the director shall make and enter an

order
to that effect, which order shall be served on all casino licensees.

Such
order shall be subject to review by the commission in accordance with

regulations
promulgated thereunder, which final decision shall be subject to

review
by the Superior Court in accordance with the rules of court.

N.J.Stat. 5:12-71.1 Repeat offenders excludable from
casino hotel

A
casino licensee may exclude or eject from its casino hotel any person

who
is known to it to have been convicted of a crime, disorderly persons

offense,
or petty disorderly persons offense committed in or on the premises of

any
casino hotel.Nothing in this section or
in any other law of this State shall

limit
the right of a casino licensee to exercise its common law right to exclude

or
eject permanently from its casino hotel any person who disrupts the

operations
of its premises, threatens the security of its premises or its

occupants,
or is disorderly or intoxicated.

N.J.Stat. 5:12-27"Hotel" or "approved hotel"

"Hotel"
or "approved hotel" - A single building, or two or more buildings
which are physically connected in a manner deemed appropriate by the commission
and which are operated as one casino-hotel facility under the provisions of the
"Casino Control Act," P.L.1977, c. 110 (C. 5:12-1 et seq.), located
within the limits of the city of Atlantic City as said limits were defined as
of November 2, 1976, and containing not fewer than the number of sleeping units
required by section 83 of P.L.1977, c. 110 (C. 5:12-83), each of which sleeping
units shall:a. be at least 325 square
feet measured to the center of perimeter walls, including bathroom and closet
space and excluding hallways, balconies and lounges; b. contain private
bathroom facilities; and c. be held available and used regularly for the
lodging of tourists and convention guests.

N.J.A.C. 19:48-1.3 Criteria for Exclusion

(a)The
exclusion list may include any person who meets any of the following criteria:

1. A
career or professional offender whose presence in a licensed casino
establishment would be inimical to the interest of the State of New Jersey or
of licensed gaming therein;

2. An
associate of a career or professional offender whose association is such that
his or her presence in a licensed casino establishment would be inimical to the
interest of the State of New Jersey or of licensed gaming therein;

3. Any
person who has been convicted of a criminal offense under the laws of any
State, or of the United States, which is punishable by more than six months in
prison, or who has been convicted of any crime or offense involving moral
turpitude, and whose presence in a licensed casino establishment would be
inimical to the interest of the State of New Jersey or of licensed gaming
therein; or

4. Any
person whose presence in a licensed casino establishment would be inimical to
the interest of the State of New Jersey or licensed gaming therein, including,
but not limited to:

i. Cheats;

ii. Persons
whose privileges for licensure have been revoked;

iii. Persons
who pose a threat to the safety of the patrons or employees of a casino
licensee;

iv. Persons
with a documented history of conduct involving the undue disruption of the
gaming operations of casino licensees; and

v. Persons
subject to an order of the Superior Court of New Jersey excluding such persons
from all casino hotel facilities.

(b)For
purposes of (a) above:

1. A
person's presence may be considered "inimical to the interest of the State
of New Jersey or of licensed gaming therein" if known attributes of such
person's character and background:

i. Are
incompatible with the maintenance of public confidence and trust in the
credibility, integrity and stability of licensed casino gaming;

ii. Could
reasonably be expected to impair the public perception of, and confidence in,
the strict regulatory process created by the Act; or

iii. Would
create or enhance a risk of the fact or appearance of unsuitable, unfair or
illegal practices, methods or activities in the conduct of gaming or in the
business or financial arrangements incidental thereto.

2. A
finding of inimicality may be based upon the following:

i. The
nature and notoriety of the attributes of character or background of the
person;

ii. The
history and nature of the involvement of the person with licensed casino gaming
in New Jersey or any other jurisdiction, or with any particular casino licensee
or licensees or any related company thereof;

iii. The
nature and frequency of any contacts or associations of the person with any
casino licensee or licensees, or with any employees or agents thereof; or

iv. Any
other factor reasonably related to the maintenance of public confidence in the
efficacy of the regulatory process and the integrity of gaming operations, the
casino industry and its employees.

(c)Race,
color, creed, national origin or ancestry, or sex shall not be a reason for
placing the name of any person upon such list.

N.J.A.C. 19:48-1.4Duties of the Division of Gaming Enforcement

(a)The
Division shall, on its own initiative, or upon referral by the Commission,
investigate any individual who would appear to be an appropriate candidate for
placement on the exclusion list.

(b)If,
upon completion of an investigation, the Division determines that an individual
should be placed on the exclusion list, the Division shall file a petition for
exclusion with the Commission, identifying the candidate and setting forth a
factual basis why the Division believes the candidate satisfies the criteria
for exclusion established by section 71 of the Act and this chapter.

(c)If
the Division files a complaint alleging a violation of section 71d of the Act
and N.J.A.C. 19:48-1.7(a)2 against any licensee, the Division shall file
simultaneously a petition to exclude the person alleged in the complaint to
meet the criteria for exclusion in N.J.A.C. 19:48-1.3.

(d)If,
upon completion of an investigation undertaken upon referral by the Commission,
the Division determines that an individual should not be placed on the
exclusion list, the Division shall so state in writing to the Commission.

N.J.A.C. 19:48-1.5Procedure for entry of names

(a)The
Commission may place a person on the exclusion list as follows:

1. Upon
petition of the Division in accordance with the procedures set forth at
N.J.A.C. 19:42-4; or

2. Upon
receipt of an order of the Superior Court of New Jersey excluding such person
from all casino hotel facilities.The
Commission shall consider such action forthwith upon receipt of the court
order, with at least 15 days notice to the Division and to such person by
certified mail at his or her last known address.

N.J.A.C. 19:48-1.5Procedure for entry of names

(a)The
Commission may place a person on the exclusion list as follows:

1. Upon
petition of the Division in accordance with the procedures set forth at
N.J.A.C. 19:42-4; or

2. Upon
receipt of an order of the Superior Court of New Jersey excluding such person
from all casino hotel facilities.The
Commission shall consider such action forthwith upon receipt of the court
order, with at least 15 days notice to the Division and to such person by
certified mail at his or her last known address.

N.J.A.C. 19:48-1.5AApplication for preliminary placement of candidate on list

(a)In
addition to filing a petition for exclusion, the Division may, in its
discretion, file an application with the Commission seeking preliminary
placement of the candidate on the exclusion list pending completion of the
plenary hearing on the petition for exclusion.An application for preliminary placement on the list shall be supported
by reliable documentary or other evidence.Upon receipt of an application for preliminary placement on the list,
the Commission shall schedule a preliminary exclusion hearing and notify the
candidate in accordance with the provisions of N.J.A.C. 19:42-4.

(b)If,
upon completion of the preliminary exclusion hearing, the Commission determines
that the reliable documentary or other supporting evidence establishes a
reasonable possibility that the candidate satisfies the criteria for exclusion
established by section 71 of the Act and this chapter, the Commission shall
issue a preliminary order placing the candidate on the exclusion list pending
the issuance of a final order in accordance with the provisions of N.J.A.C. 19:48-1.5.
A preliminary order designating a candidate as an excluded person shall be
effective as to a particular casino licensee upon its service upon that casino
licensee.

(c)The
preliminary placement of a candidate on the exclusion list pursuant to section
71 of the Act, N.J.A.C. 19:42-4 and this chapter shall have the effect of
requiring the exclusion or ejectment of the excluded person from any casino
hotel facility.

N.J.A.C. 19:48-1.7Duty of casino licensee

(a)A
casino licensee shall exclude or eject the following persons from its casino
hotel facility:

1. Any
excluded person; or

2. Any
person known to the casino licensee to satisfy the criteria for exclusion set
forth in section 71 of the Act and N.J.A.C. 19:48-1.3(a).

(b)If
an excluded person enters, attempts to enter, or is in a casino hotel facility
and is recognized by the casino licensee, the casino licensee shall immediately
notify the Commission and Division of such fact.

(c)The
Commission may, upon request of any casino licensee or any person who has been
excluded or ejected from a casino hotel pursuant to (a)2 above, refer a matter
to the Division for investigation to determine whether such person meets the
criteria for exclusion provided in N.J.A.C. 19:48-1.3.

(d)It
shall be the continuing duty of a casino licensee to inform the Commission and
Division in writing of the names of persons it believes are appropriate for
placement on the exclusion list.

With the above
imparted, this is mission control, all those that study the laws above will
have no problem following my two civil actions. I do have one more vital bit of
information to share with you and it will be brief.The method to my madness being that, if I get
the laws set before you now, during the presentation of the case I can refer
you back to these postings and you will already have an understanding or basis
in law. Also keep in mind that I will be presenting a machination that works
its way up, from the casino floor, up through the U.S. Dist. Court.

Some will skip
through the bulk of the information I am relaying to all at there peril. But I
promise you that if you grasp these law you will become captivated as I reveal
documentary proofs to substantiate my every allegation. I thank you for the
time you spend reading my post, which help relieve the frustrations and stress
caused by my court battle.I set this
information before in my effort to make injustice known and eliminate
corruption. Happy and Knowledgeable Gaming as always!